Teacher's aide wins unfair dismissal payout despite sexual harassment findings
A tribunal ruled a teacher's aide's firing was unfair. Yet he had made sexual remarks to a 14-year-old student.
Shane Charles Duke was a teacher's aide at St Helens District High School in Tasmania. Shane Charles Duke was fired in 2020 after making sexual remarks to a 14-year-old student.
A tribunal reviewed his claim that his dismissal was unfair. Commissioner Samuel Thompson could not uphold the most serious claims.
The department did not call students to give evidence. Duke admitted to remarks with sexual meanings toward the girl.
The tribunal said this broke workplace rules. Thompson ruled the dismissal unfair because firing Duke for only the admitted conduct was too harsh.
Duke had faced prior discipline for similar sexual conduct. The tribunal refused to let Duke return to work.
He showed limited understanding of professional limits. Duke received $5000 compensation, about one month's former salary.
- $5000
- Compensation awarded
- 14 years old
- Student age
- St Helens District High School, Tasmania
- School location
- twice for similar conduct
- Prior discipline incidents
Why it mattersThis case shows how schools struggle to match serious misconduct with fair discipline.
AustraliaAustralian schools face pressure to balance safeguarding children with workplace law requirements.
Corroborated byThe Advocate
✓ Claims checked against the source. checked 1 d ago
